15 most important changes in new Traffic Act

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On January 1, 2011 a new Traffic Act will come into force that will combine provisions of the Traffic Act and the Traffic Code determined by the Estonian government which are regulating Estonian road traffic at the present day. BBN asked Dmitri Tšimpoaka and Merlin Salvik from Hedman Partners Law Office to give a brief overview of the 15 most important changes that new Traffic Act will bring.

1. Carrying a driving license and registration certificate of the motor vehicle and its insurance policy issued in Estonia within Estonia is not compulsory, if the driver has his identity document with him. The existence of the above-listed documents can be checked by the police electronically.

2. A driver of a motor vehicle is exempted within the European Union from carrying an authorization document to use the vehicle, issued by the owner. Whether a lease agreement will state a requirement according to which a lessee is obliged to ask for an authorization document before giving the vehicle to use to a third party, is to be decided by each leasing company for itself.

3. The driver is prohibited to use the phone without a hands-free device and to hold a phone in hands while driving a vehicle. Compared to the current regulation, the prohibition to use a phone expands also to non-urban roads.

4. A driver of a motor vehicle must generally pass the medical control every 10 years. If a person has not presented a new medical certificate during the 30 days after receiving a message from the Road Administration, his/her right to drive will be suspended until he/she will pass the medical control. The validity of medical certificate can be checked in the Internet at: https://paberivaba.ark.ee.

5. According to the new Act motor bicycle drivers and cyclists are not permitted to drive without helmets and without holding the handlebars, whereby motor bicycles must have both hands on handlebar except the case of indicating a warning sign with one hand. It is permitted to drive on pavements only for younger than 13 year old cyclists with two accompanying cyclists.

6. The Traffic Act is supplemented by a provision that permits cyclists to cross the road on the pedestrian crossing while driving, but do not grant them a right of way towards other drivers of vehicles. The exception applies to the cases where a cyclist crosses the road on the pedestrian crossing where to driver is making a maneuver.

7. As motor bicycle now is deemed to belong to motor vehicles, it must be registered in the Traffic Register and carry a registration plate. The motor bicycles, which were in use before the validity of the new Traffic Act, must be registered no later than 01.01.2012.

8. The information about the registered security over movables and the restrictions on the use and disposal of the motor vehicles registered in Estonia will be publicly available in the Traffic Register.

9. Compared to the current law a right to drive a motor vehicle in case of the expiry of the driving license will suspend an owner to drive till its new acquisition. Driving of a motor vehicle by a person who’s right to drive was suspended is punishable by a fine of up to 18 000 EEK or by detention.

10. If a person's right to drive has been withdrawn for at least six months as a main or additional punishment, a right to drive can be restored if a driver of a motor vehicle will pass the theory test.

11. If a person's right to drive has been withdrawn for twelve months or longer, his or her right to drive shall be restored if he or she passes the theory and driving tests. The theory test can be passed within the time of punishment, but the driving test only after the time of punishment will expire.

12. The theory and driving test must be passed also by those who have not changed the driving license within five years as of the expiry of the driving license.

13. The law permits to tow a vehicle only if there is no driver or owner, holder or his/her representative near-by or if all participants refuse to eliminate the obstacle or danger caused by the wrongly parked vehicle. Pursuant to the new regulation of a moving vehicle on the towing truck is considered the towing of the vehicle.

14. The Traffic Act increases the punishment for driving a motor vehicle which has not passed the roadworthiness tests from 1800 EEK to 3000 EEK.

15. The new Traffic Act introduces a separate punishment for exceeding a speed limit over 60 km per hour, which is a fine of up to 18 000 EEK, a detention or a withdrawal of the right to drive up to 24 months.